[Ord. of 5-20-1997(1), § 1.0]
The purpose of the policy set forth in this article is to establish
a smoking/no smoking policy for the City in compliance with 22 M.R.S.A.
§§ 1541-45 and 1580-A.
[Ord. of 5-20-1997(1), § 3.0]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An enclosed area designated as a place for smoking. A designated
area must be designed to minimize smoke escaping from the designated
area into a public place.
A space between a floor and a ceiling that is demarcated
on all sides by floor-to-ceiling walls, windows, doors or passage-ways.
Partitions, partial walls or office dividers that do not extend from
the floor to the ceiling are not demarcations of enclosed areas.
A business facility, defined as a structurally enclosed location
or portion thereof at which employees perform services for their employer.
Any place not open to the sky into which the public is invited
or allowed, and includes both stationary and mobile environments (e.g.,
buildings, buses, etc.), but excludes schools, hospitals, and restaurants,
which are covered by special state statutes.
Carrying or having in one's possession a lighted cigarette,
cigar, pipe or other object giving off tobacco smoke.
[Ord. of 5-20-1997(1), § 6.0]
Any employee who fails to comply with the provisions of this article shall be subject to appropriate disciplinary action in accordance with disciplinary procedures set out in article II of this chapter. Apart from this article, state law provides that any person, whether or not an employee of the City, who violates state law concerning smoking in public buildings has committed a civil violation for which a fine not to exceed $100 may be imposed.
[Ord. of 5-20-1997(1), § 2.0]
Smoking by City employees and all other persons is prohibited
in all places of employment owned, operated, or maintained by the
City, except in areas specifically identified as designated smoking
areas.
[Ord. of 5-20-1997(1), § 4.0]
Except in the designated smoking areas specifically listed,
there shall be no smoking in any of the following:
(1)
City hall. There shall be no smoking by anyone, without exception,
inside City hall.
(2)
Public works facility. There shall be no smoking at the public works
facility except in the garage bays, excluding the area with two bays
used by mechanics.
(3)
Fire station. There shall be no smoking at the fire station on Belmont
Avenue except in the garage bays.
(4)
Wastewater facilities, buildings and structures. There shall be no
smoking at these facilities except in the press room on the third
floor of the main plant located on Front Street.
(5)
Cemetery department. There shall be no smoking at the buildings of
the cemetery department.
(6)
Transfer station. There shall be no smoking at the City transfer
station located off Little River Drive.
(7)
City-owned vehicles. Employees may smoke in City-owned vehicles,
except when members of the public are in the vehicles, or if two or
more employees are in the same vehicle and one of the employees in
that vehicle objects.
[Ord. of 5-20-1997(1), § 5.0]
Designated smoking areas shall be marked by signs that read
"Smoking Permitted." Places where smoking is prohibited shall be marked
by signs that read "No Smoking" or contain the international symbol
for no smoking.
[Ord. of 5-20-1997(1), § 7.0]
No employee may be discharged, disciplined or otherwise retaliated
against for seeking to have the terms of this article enforced or
for seeking any remedies otherwise available under law for violations
of this article or state statutes governing smoking.
